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| TEXT ADOPTED BY SENATE | TEXT OF EXISTING LAW | TEXT OF COMMITTEE SUBSTITUTE AMENDMENT |
|---|---|---|
| istrative Procedure Act of June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, United States Code, chapter 5, subchapter II and chapter 7). | ||
| (b) Any organization or person entitled to participate in the proceedings may appear directly or be represented by counsel.
(c) Except as otherwise provided by law, the Tribunal shall determine its own procedure. For the purpose of carrying out the provisions of this chapter, the Tribunal may hold hearings, administer oaths, and require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of documents. (d) Every final decision of the Tribunal shall be in writing and shall state the reasons therefor. (e) The Tribunal shall render a final decision in each proceeding within one year from the certification of the panel. Upon a showing of good cause, the Senate Committee on the Judiciary and the House of Representatives Committee on the Judiciary may waive this requirement in a particular proceeding. |
(b) Every final determination of the Commission shall be published in the Federal Register. It shall state in detail the criteria that the Commission determined to be applicable to the particular proceeding, the various facts that it found relevant to its determination in that proceeding, and the specific reasons for its determination. | |
| § 802. Petitions for the adjustment of royalty rates
(a) On January 1, 1980, the Register of Copyrights shall cause to be published in the Federal Register notice of the commencement of proceedings with respect to the royalty rates as provided in sections 111, 115, 116, and 118. (b) During the calendar year 1990, and in each subsequent tenth calendar year, any owner or user of a copyrighted work whose royalty rates are specified by this title, or by a rate established by the Tribunal, may file a petition with the Register of Copyrights declaring that the petitioner requests an adjustment of the rate. The Register shall make a determination as to whether the applicant has a significant interest in the royalty rate in which an adjustment is requested. If the Register determines that the petitioner has a significant interest, he shall cause notice of his decision to be published in the Federal Register. |
§ 804. Institution and conclusion of proceedings
(a) With respect to proceedings under section 801(b) (1) concerning the adjustment of royalty rates as provided in sections 115 and 116, and with respect to proceedings under section 801(b)(2) (A) and (D)—
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| Sec. 118. Notwithstanding section 802 of title 17, as amended by this title, not later than thirty days following the date of enactment of this Act, the Register of Copyrights shall cause notice to be published in the Federal Register to convene the Copyright Royalty Tribunal established under section 801 of such title 17, to establish initial royalty rates under section 118 (of such title 17, as amended by this title). The royalty rates so established shall apply to compulsory |
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